Enoch Burke jail: Debate on implications of transgender row case for Northern Ireland teachers

The news comes after a Westmeath teacher was jailed after refusing to use trans pronouns.

Enoch Burke was jailed in September for breaching an order which prevents him from attending Wilson's Hospital School in County Westmeath, a 'Church of Ireland ethos' institution.

He was released just before Christmas but has since returned to school in breach of the injunction. The school has since applied to take his assets, while he has applied to block a disciplinary hearing.

The Church of Ireland (COI) said the case was a matter for the school only, and that it has "no stated policy" on the issues. Asked if other COI employees would be required to comply with trans pronouns in future, it declined to comment.

The Stormont Department of Education sent the News Letter relevant "non-statutory guidance" issued by the Education Authority on the matter.

This states that "every effort should be made to reach an accommodation which works for everyone" in classrooms, but that "This does not mean that staff [teachers] have an unlimited right to freedom of expression".

If a teacher continually "misgenders" a pupil or makes inappropriate comments "they should be made aware that their behaviour is unacceptable and could infringe the young person’s rights" the guidance says.And if a teacher makes a mistake in addressing a trans pupil "he should apologise... and move on" – but it is important that the child "really believes that it is a genuine mistake".

In one case study a teacher refused to use the name 'Claire' for a pupil, objecting that it wasn’t the pupil’s "real name".

The principal then meets with the school's Senior Management Team and Board of Governors to agree a trans policy and "asks a local transgender family support group to deliver a session to staff".

The principal then advises the teacher that "supporting Claire is consistent with our inclusive school ethos, which everyone should be signed up to”.

However Roger Kiska, a human rights lawyer with the Christian Legal Centre counters that the European Convention on Human Rights / Human Rights Act includes freedom of conscience and religion/belief - and the freedom "not to believe in gender identity belief".

On two occasions in the last three years, he said, the Employment Appeal Tribunal has held that secular or religious beliefs which contradict gender identity belief "are protected" under human rights law.

Section 19 of the Fair Employment and Treatment (Northern Ireland) Order 1998 also forbids discriminating against teachers on this matter, he added.

There are "no legal obligations stemming from gender reassignment in the area of education whatsoever" he said. And if tension arises between school policy and teachers legal rights "a strong presumption should fall in favour of the teacher’s rights".

He added that "any dismissal or detriment suffered by a teacher because of a manifestation of conscience would be actionable in court".

And he advised that "not using a desired trans pronoun could not amount to harassment or discrimination in a legal sense".

"Therefore, in principle, there should be no penalties facing teachers who act in accordance with their conscience on this issue."